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Archive for November, 2010

Employer obligations and the holiday party

Tuesday, November 30th, 2010

The holidays are right around the corner and this often translates into lots of company-sponsored events, parties and commitments. While these events bring joy and merriment to employees, they can also bring legal troubles for employers related to alcohol, harassment, violence and discrimination.

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Tags: canadian employment law, company-sponsored events, discrimination, employee handbook, employment law, holiday party, lawsuit, liability, policies and procedures, policy manual, Serving alcoholic beverages, social host, vicarious liability, violation of workplace policies
Posted in Human Resources | Make a Comment »

Nova Scotia unified labour board

Friday, November 26th, 2010

I recently read about a Bill coming out of Nova Scotia that proposes to merge a number of official forums involving employment and labour relations into one Labour Board, to simplify how workplace disputes are handled, and to establish a committee to keep labour relations laws relevant.

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Tags: bill 100, canadian employment law, Collective Bargaining, employment and labour relations, employment law, labour board, Labour Relations Board, Labour-Management Review Committee, Nova Scotia, the Labour Board Act, Trade Union, unified labour board, workplace disputes
Posted in Employment Standards, Human Resources | Make a Comment »

Accessible electronic information and communications: small steps with a big outcome

Wednesday, November 24th, 2010

There are some simple ways all of us can alter our daily habits so that people with a variety of disabilities who depend on a screen reader can understand your information. What is a screen reader? A screen reader reads aloud electronic communications.

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Tags: Accessibility for Ontarians with Disabilities Act, Accessibility standards, Accessible electronic information and communications, AODA, disabilities, electronic information accessible, information and communications accessibility standard, integrated accessibility standards, intergrated accessibility regulation, screen reader, Web development, website
Posted in Accessibility Standards, Standard for Customer Service, Standard for Information and Communications | Make a Comment »

How would you manage Gordon Ramsay if he was your employee?

Tuesday, November 23rd, 2010

How would you manage Gordon Ramsay if he was your employee? How many of you are thinking, “With the revenue he generates, he can act any way he wants”?

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Tags: abusive behaviour, anti-harassment policies, bullying, bullying behaviour, canadian employment law, discrimination, employment law, employment relationship, Gordon Ramsay, harassment, harassment free workplace, Jamie Oliver, Kitchen Nightmares
Posted in Health and Safety, Human Resources, Human Rights | Make a Comment »

An interesting story of how the employer did the right thing

Friday, November 19th, 2010

I recently read a case coming out of the Yukon where an employee accused his employer of discriminating against him based on the ground of mental disability, which was contrary to the Yukon Human Rights Act.

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Tags: accommodation, bipolar disorder, Disability, discipline, discrimination, duty to accommodate, employment law, flexible work arrangements, human rights act, Human Rights Board of Adjudication, inappropriate conduct, medical assessment, mental disability, paid sick leave, Yukon
Posted in Human Resources, Human Rights | Make a Comment »

Citizenship and Immigration Canada announces new federal immigrant investor program

Thursday, November 18th, 2010

On November 10, 2010, Citizenship and Immigration Canada published regulations in the Canada Gazette, which reinstate the Canadian Federal Immigrant Investor Program (“IIP”). However, the new IIP now requires an investment of $800,000CAD and a personal net worth of $1.6 Million CAD. The regulations come into force on December 1, 2010.

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Tags: Canada Gazette, canadian employment law, Citizenship and Immigration Canada, employment law, Federal Immigrant Investor Program, Immigration Law, recruiting
Posted in Corporate Immigration, Human Resources | Make a Comment »

Increase in litigation by employers against former employees

Wednesday, November 17th, 2010

In reviewing the cases that come along through the various reporting services, my subjective impression is that there appears to be an increase in litigation by employers against former employees.

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Tags: Breach of duty, canadian employment law, confidential information, contract of employment, duty of loyalty and fidelity, employee’s duty of loyalty and fidelity, employment law, employment relationship, fiduciary duties, lititgation, term of employment, terminations
Posted in Employment Standards, Human Resources | Make a Comment »

Dealing with an employee’s extended absence due to illness

Tuesday, November 16th, 2010

Employers are often faced with the prospect of dealing with an employee who is required to be absent from work for an extended period of time due to an illness. Employers must tread a fine line in determining when the employee is able to return to work and on what basis.

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Tags: absent from work for an extended period of time due to an illness, differential treatment, Disability, discrimination, duty to accommodate, extended absence due to illness, human rights code, indefinite medical leave, medical information from the employee’s physician, obligation to accommodate, Ontario Human Rights Tribunal, Return to work, terminations
Posted in Employment Standards, Human Resources, Human Rights | Make a Comment »

Slaw: Employees fired for Facebook comments

Friday, November 12th, 2010

The British Columbia Labour Relations Board recently upheld the firing of two employees by a car dealership over comments they posted on Facebook about their employer. The lawyer for the employer stated that he believes this is the first Facebook firing case to be heard in Canada.

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Tags: British Columbia, canadian employment law, Dismissal, employment law, facebook, Facebook firing, firing, Labour Law, Labour Relations Board, social media, Social Network, social networking policy, terminations, union
Posted in Employment Standards, Human Resources | 1 Comment »

Should ergonomic training be mandatory in every workplace?

Friday, November 12th, 2010

I recently read a case coming out of Alberta where a clerical worker developed carpel tunnel syndrome from work. She was promoted in her workplace and had to do even more typing and handwriting with poor quality office furniture and pens. She was not able to take breaks due to the pressure to produce, staff shortages and hiring freezes. Ultimately, the new job aggravated her condition to the point where she required surgery.

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Tags: Appeals Commission for the Alberta Workers’ Compensation, carpel tunnel syndrome, computer work, employment law, ergonomic related injuries, ergonomic training, ergonomics, musculoskeletal injuries, occupational health and safety act, repetitive stress injuries, workers compensation, Workers' Compensation Board, workstation equipment
Posted in Health and Safety, Human Resources | Make a Comment »

Air Canada pilots must be reinstated after forced retirement

Wednesday, November 10th, 2010

The Canadian Human Rights Tribunal has ordered Air Canada to reinstate two pilots, aged 65 and 67, who were forced to retire at age 60.

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Tags: age discrimination, Air Canada, Air Canada pilots, canadian employment law, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter, collective agreement, discrimination, discrimination based on age, employment law, Federal Court of Canada, forced retirement, mandatory retirement, mandatory retirement provisions, reinstatement
Posted in Human Resources, Human Rights, Union Relations | Make a Comment »

Halloween and workplace human rights

Tuesday, November 9th, 2010

The current movie, “The Dilemma” has caused quite a controversy lately because the character portrayed by actor Vince Vaughan says, “Electric cars are gay.”

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Tags: discrimination, employment law, Halloween, harassment, political correctness, racial discrimination, Royal Canadian Legion, The Dilemma
Posted in Human Resources, Human Rights | 2 Comments »

Is some form of intervention required in order to address the issue of long-term joblessness?

Friday, November 5th, 2010

I read an interesting article that was quite discouraging. Unfortunately, it has been found that more Canadians are remaining jobless for longer periods of time. We are not just talking about workers in the manufacturing sector here; apparently, significant numbers of Canadians have lost their jobs and are experiencing long-term unemployment in areas such as accounting, executive work and education. Also, employment of factory workers is at a 30-year low.

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Tags: displaced older workers, economy, Employment Insurance, job experience atrophy, jobless for longer periods of time, joblessness, long-term joblessness, long-term unemployment, mandatory training, recession, skills atrophy, skills required to work, temporary jobs, wage insurance
Posted in Employment Standards, Human Resources, Training and Development | Make a Comment »

Top ten employment law myths and mistakes in employment contracts

Thursday, November 4th, 2010

I recently attended the Law Society’s annual Employment Law Summit, which is always filled with top-notch employment lawyers providing valuable insight and practical advice on issues relating to employment law and human resources. Many of the discussions touched upon issues relating to the use of employment agreements, including termination clauses. The comments caused me to consider my own experiences in dealing with…

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Tags: canadian employment law, Dismissal, employment agreements, employment contracts, employment law, employment lawyers, just cause, Limiting the definition of just cause for dismissal, statutory notice, Termination clause, Termination provisions
Posted in Employment Standards, Human Resources | Make a Comment »

Employers discussing employee medical condition with other employees

Wednesday, November 3rd, 2010

In general, an employer, manager, supervisor or HR professional discussing an employee’s medical condition with other employees is just plain inappropriate…

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Tags: accommodation, canadian employment law, confidentiality, Disability, Disclosing medical information, disclosure, discrimination, discussing an employee’s medical condition, duty to accommodate, employee medical condition, employment law, harassment
Posted in Human Resources, Human Rights, Privacy and Security | 1 Comment »

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